Limitation in possession suits: failure to prove tenancy does not trigger Article 142, and Article 144 governs adverse possession burden.

In a suit for possession, Article 142 of the First Schedule to the Limitation Act, 1908 applies only where the plaintiff sues on the footing of prior possession and alleges dispossession or discontinuance, in which case the plaintiff must prove suit within twelve years of that event. If the plaint contains no such allegation and the plaintiff fails to prove the tenancy set up, that failure does not by itself establish dispossession or adverse possession. The suit then falls outside Article 142 and is governed by Article 144, under which the burden shifts to the defendant to prove adverse proprietary possession for more than twelve years. The Allahabad HC answered the reference in favour of the plaintiff-appellant.

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Issues: Whether, in a suit for possession where the plaintiff alleges that the defendant is his tenant but fails to prove the tenancy, Article 142 of the First Schedule to the Limitation Act, 1908 applies, or whether the suit is governed by Article 144 of the First Schedule to the Limitation Act, 1908.

Analysis: Article 142 applies only where the plaintiff sues on the footing that he was dispossessed or discontinued possession, and the plaintiff must then prove that the suit was brought within twelve years of such dispossession or discontinuance. Where the plaint contains no allegation of dispossession or discontinuance, and the tenancy set up by the plaintiff is not proved, the failure to prove tenancy does not by itself establish dispossession or adverse possession. In such a case the suit falls outside Article 142 and is governed by the residuary Article 144, under which the burden lies on the defendant to prove adverse proprietary possession for more than twelve years.

Conclusion: Article 142 does not apply merely because the plaintiff failed to prove tenancy; Article 144 alone applies, and the answer to the referred question is in favour of the plaintiff-appellant.

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